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RESOLUTION NO. 4 4 15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE ACCEPTANCE OF A GRANT
FROM KING CONSERVATION DISTRICT ACCEPTING FUNDS IN THE
AMOUNT OF ONE HUNDRED THIRTY THOUSAND AND NO/100
DOLLARS TO BE USED AS MATCHING FUNDS FOR PURCHASE OF
THE SMITH PROPERTY (ADDITIONAL TO FENSTER LEVEE SETBACK
PROJECT)
WHEREAS, the City of Auburn submitted an application to the King
Conservation District, in conjunction with the Water Resource Inventory Area 9 Forum
to request funds for the purchase of a.64-acre parcel of land bordering the west side of
the Green River at Fourth Street SE, known as the Smith Habitat 2008 acquisition; and
WHEREAS, the purchase of this property is a critical segment of the larger
Fenster Levee Setback project currently under construction; and
WHEREAS, the City has been advised that it has been approved to receive a
grant from said program in the amount of One Hundred Thirty Thousand and No/100s
Dollars ($130,000.00), which will act as matching funds for another grant of the same
amount from King County Conservation Future Funds; and
WHEREAS, acceptance of this grant will benefit the citizens of Auburn.
NOW, THEREFORE, THE CITY COUNCIL OF AUBURN, WASHINGTON,
HEREBY RESOLVES as follows:
Section 1. Acceptance of Grant_ The City Council hereby accepts the
Program Grant from King Conservation District, in the amount of One Hundred Thirty
Thousand and No/100s Dollars ($130,000.00) in substantial conformity with the
Resolution No. 4415
October 28, 2008
Page 1
Contract marked as Exhibit "A" attached hereto and incorporated herein by this
reference.
Section 2. Implementation. The Mayor is further authorized to implement
such administrative procedures as may be necessary to carry out the directions of this
legislation, including assuring that the grant fund appropriation is included in the
appropriate budget documents of the City.
Section 3. Effective Date. That this Resolution shall take effect and be in full
force upon passage and signatures hereon.
SIGNED and DATED this ~ day of November, 2008.
CITY OF AUBURN
_ .
, ~
ETER B. LEWIS, MAYOR
ATTEST:
Dan e E. Daskam, City Clerk
7OVE TO ORM:
Daniel B. Heid, City Attorney
Resolution No. 4415
October 28, 2008
Page 2
AGREEMENT FOR AWARD OF
HING CONSERVTION DISTRICT WR.IA FORUM GRANT
Green-Duwamish-CPS Watershed Forum (WRIA 9)
City of Auburn, Parks, Arts & Recreation Department
This Agreement is made between the King Conservation District Number 9, a municipal
corporation in King County, Washington, located at 935 Powell Ave. SW, Renton, WA 98055
(referred to herein as "District"), and the City of Auburn, Parks, Arts & Recreation Department a
municipal corporation in King County, Washington, located at 910 Ninth Street S.E., Auburn,
WA 98002 (referred to herein as "Recipient"), for the purposes set forth herein.
SECTION 1. RECITALS
1.1 Whereas, the District is a special purpose district organized and existing under
authority of Chapter 89.08 RCW which engages in certain activities and programs to conserve
natural resources, including soil and water, which activities are declared to be of special benefit
to lands; and
1.2 Whereas, pursuant to RCW 89.08.400, King County has authorized and imposed a
system of assessments to finance the activities and programs of the District; and
1.3 Whereas, pursuant to RCW 89.08.220, RCW 89.08.341 and/or Chapter 39.34
RCW, the District is authorized to enter into agreements with municipal entities and agencies
(governmental or otherwise), or their designees, in order to carry out and facilitate the activities.
a.nd programs of the District to conserve natural resources; and
1.4 Whereas, certain Watershed Forums were established in King County and through
the voluntary association of agencies and entities situated within the particular watershed basins
or areas (i.e., Snoqualmie Watershed Fonun; Cedar/Lake Washington/Sammamish Watershed
Forum; Green/Duwamish/Central Puget Sound Watershed Fontm) for the puYpose of addressing
and responding to environmental needs within their respective watershed basins and in the region
by cooperative efforts; and
1.5 Whereas, the Watershed Forums include representatives of jurisdictions that are
located within or have a major interest in the management of Water Resources Inventory Areas
(WRIA) 7, 8 and 9; and
1.6 Whereas, the District has reviewed the grant application submitted by Recipient
and has determined that the application meets the requirements of Chapter 89.08 RCW, the
District's policies and procedures for awarding grants and the funding principles established by
King County's Regional Water Quality Committee; and
1.7 Whereas, the District and Recipient desire to enter into this Agreement for the
purpose of establishing the terms and conditions relatzng to the District's award of a grant to
Recipient.
-1-
Resolution 4415-Exhibit A
October 27, 2008
, Page 1 of 4
SECTION Z. AGREEMENT
2.1 The District agrees to award Recipient a grant in the total amount of One Hundred
Thirty Thousand Dollars ($130,000) from 1998 Central Puget Sound Forum Assessment funds
($23,000) and frarn City of Auburn 2002-2048 Assessment Funds ($107,400). Grant funds shall
be used by Recipient solely for the performance of the work described in Exhibit A which is
attached hereto and incorporated herein by this reference. The District shall pay the grant funds
to Recipient in accordance with the DistricYs policies and procedures, including but not limited
to, the policies and procedures contained in the Mernber Jurisdiction & WRIA Forum Grant
Application Instructions and Policies, provided that such funds have been collected and received
by the District.
2.2 Recipient represents and warrants that it will only use the grant funds for the work
described in Exhibit A, which may be amendsd by the parties pursuant to Paragraph 3.3 of the
Agreernent. Recipient shall be required to refund to the District that portion of any grant funds
which are used for unauthorized work. Further, Recipient agrees to return to the District any
grant funds that are not expended or remain after completion of the work covered by this
Ageement.
2.3 Recipient acknowledges and agrees that the grant funds may only be expended on
work which shall be entirely within the District's jurisdictional boundaries. The following
naunicipal entities are not within the District's jurisdictional boundaries: Enumclaw, Federal
Way, Milton, Pacific, and Skykomish. Recipient shall be required to refund to the District that
portion of any grant funds which are used for work performed outside the District's jurisdictional
boundaries. -
2.4 Tn the event the scope of work authorized by this Agreement includes the use of
grant funds to purchase houses located on real praperty within a flovd hazard area, Recipient
aclmowledges and agrees that grant funds may only be used for such purposes if the houses to be
purchased were constructed before floodplain mapping or sensitive azeas regulations were in
place for that area. Recipient shall be required to refeind to the District that portion of any grant
funds which are used for unauthorized purposes.
2.5 Recipient shall be required to provide the District with biannual financial and
project progress reports, along with an annual summary report. Finaricial and project reports
shall be due June 30 and November 30 each year. The Recipient shall also be required to submit
to the District a final report which docunnents the Recipient's completion of the work in
conformance with this Agreement within thirty (30) days after the completion af the work. The
final report shall, among other things, summarize the project's successes and shall address the
regional benefits accomplished by the work. The final report shall also identify any obstacles or
challenges which were encountered during the work, along with general recommendations
regarding ways to avoid such obstacles or chaltenges in the future. If reguested, Recipient agrees
to provide the District with additional financial or progress reports from time to time, at
reasonable intervals.
Resolution 4415-Exhibit A - 2
October 27, 2008
Page 2 of 4
2.6 Recipient's expenditures of grant funds shall be separately identified in the
__...._.___._Reeipient-'s-aeeounting_ records. - -1-f-requested; Recipignt shall-corrp1y- -wi.th--other-.-reasonable
requests made by the District with respect ta the manner in which project expenditures are
tracked and accounted for in Recipient's accounting books and records. Recipient shall maintain
such records of expenditures as may, be necessary to conform to generally accepted accounting
principals and to meet the requirements of all applicable state and federal laws.
2.7 Recipient shall be required to track project expenses using the Budget Accounting
and Reporting System for the State of Washington ("B.ARS").
2.8 The Distzict or its representative shall have the right from time to time, at
reasonable intervals, to audit the Recipient's hooks and records in order to verify compliance with
the terms of this Agreement. Reeipient shall eooperate with the District in any such audit.
2.9 Recipient shall retain all accounting records and project files relating to this
Agreement in accordanee with criteria established in the Revised Code of Washington and the
Washington State Archivist.
2.10 Recipient sha11 ensure that all work performed by Recipient or its employees,
agents, contra.ctors or subcontractors is perfvnmed in a manner which protacts and safeguards the
environment and natural resources and which is in compliance with local, state and fedezallaws
and regulatians. Recipient shall implement an appzopriate monitoring system or program to
ensure cornpliance with this provision.
2.11 Recipient agrees to indemnify, defend and hold harmless the District, its elected
or appointed officials, employees and agents, from all claims, alleged liability, damages, losses to
or death of person or damage to property allegedly resulting frorn the negligent or intentional acts
of the Recipient or any of its employees, agents, cvntractors or subcontractors in connection witla
this Agzeement.
2.12 Recipient agrees to aclrnowledge the District as a source of funding far this
project on all Iiterature, signage or press releases related to said project.
SECTION 3. GENERAL PRUVISIONS
3.1 This Agreement shall be binding upon and inure to the benefit of the parties
heretv and their respective successors and assigns.
3.2 This Agreement constitutes the entire ageement between the parties with respect
to the subject matter hereof. No prior or contemporaneous representation, inducement, promise
or agreement between or among the parties wiuch relate Eo the subject nnaiter hereof which are
not ernbodied in this Agreement shall be of any force or effect.
3.3 No amendment to this Agreement shall be binding on any of the parties to this
Agreement unless such arnendment is in writing and is executed by the parties. The parties
Resolution 4415-Exhibit A " 3 "
October 27, 2008
Page 3 of 4
contemplate that this Agreement may from time to time be modified by written amendment
which-shall--be-executed-by-duly -authorized--representatives-of-the--parties--and--attaehed-to--this---
Agreement.
3.4 Each party warrants and represents that such party has full and complete authority
to enter into this Agreement and each person executing this Agreement on behalf of a party
wa,rrants and represents that he/she has been fully authorized to execute this Agreement on behalf
of such party and that such party is bound by the signature of such representative.
DISTRICT: RECIP N
By BY
Name Name i~I e /_,P~ I~ S
Title Title
Date Date OCT 2 0 2008
Approved as to Form: Approved as to Form:
DISTRICT LEGAL COUNSEL: RECIPIENT'5 ATTORNEY:
sy By
~
Name ~ f i L ( ~~WXo Name
Date qDate
Resolution 4415-Exhibit A
october 27, 2008 - 4 -
Page 4 of 4
Exhibit A
Member Jurisdiction & WR1A Forum
Grant Application
King Conservation District
Pro'ect Title: Smith Fenster Habitat Ac uisition 2008
Applicant: City of Auburn, Parks, Arts & Contact: Robert Wuotila
Recreation De artment
Principal Partners (if any): Title: Parks Planning & Development
Mana er
Address:
910 Ninth Street S.E.
Total Pro'ect Cost: $260,000 Auburn, WA 98002
WRIA Fundin . urisdiction Fundin :
KCD Funding Requested: $130,000 Phone: 253-931-5106
WRIA share $23,000/Ci share $107,000
Pro'ect Start Date: 09/0 08 Fax: 253-9314005
Pro'ect End Date: 01/3 09 E-mail: rwuotila@auburnwa.gov
1. Project Description - provide a brief descripiion of the project that summarizes what you
will do, how you will do it, and why you will do it. Consider the following in the answer to
this question: zuhat pressing need zvill be addressed by the project or zuhat promising opportunity
tuill be capitalized on? Who or zuhat zuill benefit or be positively and negatively afJ`ecfed? The purpose of this proposal is to acquire funds to assist the City of Auburn (COA)
in purchasing a 0.64 acre parcel of land situated between publicly-owned lands adjacent to the
Green River.
Acquisition will allow future project phases to set back a segment of the Green River levee and
restore riverine habitat. The levee setback will increase the width of the river channel and
adjoining floodplain, opening up riparian and aquatic areas for habitat restoration. The
acquired parcel is a wedge between publicly-owned parcels on either side and is needed to
provide for greater effectiveness of the levee setback and riparian habitat restoration actions.
These actions are identified as Project MG-18 in ttie WRTA 9 Recovery Plan, which is a part of
the Puget Sound Recovery Plan approved by the National Marine Fisheries Service in 2007.
The new levee setback relocation will be made possible by the acquisition of this parcel and
also permit the extension of the Green River Trail, a regionally significant non-motoxized
transportation and recreation facility. This project will allow the expansion of the Fenster
restoration project upstream that already is planned and partially funded.
2. Natural Resource Improvement Aciions - describe how the project will address a
minimum of one of the natural resource improvement actions described on page 1 of the
application instructions. Consider the following in your answer to this question: YVhat
natural resources zvill be improved? What are the knozun needs, gaps or deficits thaf zvill be
addressed? What are the known benefits to soil, zuater, air, plants, fish and zvildlife, landoraners?
Mcmber.lorisdiction & WRIA t'orum Cirant .Applicati<m Nacl:et • November 13. 2007 • f'age 8 o l 10
Acquisition of the parcel will allow future habitat rehabilitation phases that will result in direct
improvements to the riparian and aquatic habitats on the west side (left bank) of the Green
River in the area of 2na Street SE to 5th Street SE extended, a distance of about 1000 feet. The
- - -
- preferred design concept-for-the-levee setback in-this-area; as-determined-by King-County
Water and Land Resources Division (WLRD), requires purchase of this property to achieve the
best configuration for the levee setback and restoration of the riparian corridor. (See attached
map of project.) In-channel habitat and stream bank habitat restoration will improve ecosystem.
functions in the area of the project. The project will ultimately reconnect the river with its
historic floodplain, provide forested riparian cover along the channel margins, lower flood .
velocities, and provide cover, resting, and food sources for juvenile salmonid rearing, together
with flood refugia areas for both juvenile and adult salmonids, including species listed under
the Endangered Species Act (ESA).
3. Project Activities and Measurable Results - using the table below, list specific project
activities to be completed, the timetable for the activities, and the deliverables associated
with those activities. Consider t11e following in your answer to this question: What actions,
interventions, programs, services will be deployed?
Activi Descri tion Deliverables Timeline
1. Pro er ac uisition Public ownershi 01/31/09
D
2. Complete design/engineering, Construction drawings 10/01/09 '
WLRD
3. Obtain ermits, COA Permits 11/30/09
4. Begin construction/riparian 04/01/10
habitat, WLRD
5. Stream bank & in-channel Revised topography and 09/15/10
im rovements com lete channel structure - •
6. Canstruct the setback levee and Physical improvements On-going
trail, WLRD ' 04/01/10 to
. 10/15 10
7. Restore native vegetation, WLRD Restored habitat/trees & 10/15/10 to
shrubs lanted 11/30/10
8. Monitoring Yearly Reports 12/01/11 to
12/01/15
4. Effectiveness (see page 2 of application instructions for definition) - describe how the
project will effectively implement the natural resource iznprovement measures identified in
question No. 2 above. .Consider the following in your answer to this question: Why is the
primary applicant the best entity to deliver the proposed program/service/infervention? What is the
capacity of the primary applicant to deliver the proposed program,/service/intervention? What tools,
services and partners zuill be brought to bear?
The initial phase of the project, which would be funded by the requested grant from KCD, is to
purchase a parcel of land that is adjacent to several other conriguous parcels that are owned by
the City of Auburn and which are currently undergoing design and permitting for restoration
using a Salmon Recovery Funding Boazd (SRFB) grant for levee setback and associated habitat
improvements. This restoration will be performed under the direction of King County WLRD,
Mcmber Jurisdiction & WRIA Forum Cirant Applicafion Paclcet • November I-1; ?(1Q7 • Pa"e 9 ot 10
a partner in the SFRB grant, through an Interlocal Agreement with Auburn. The primary
a,p_plicant_for,the.KCD_funds ap.phed_for here, the City_ of_Aub,urn,,owns. the parcels and will be_.
the permitting agency, and therefore is the best entity to deliver the program of improvements.
The COA will purchase the property prior to obtaining funds due the urgency of the property
sale. Once design is complete, King County WLRD will perform the remainder of the program
activities that will be done in association with Conservation Futures Funds, COA funds, and
SRFB funding.
The overall effectiveness of the acquisition should be considered in the context of adjacent, on-
going setback initiatives. Acquisition will allow for expansion of on-going levee setback and
riparian habitat and aquatic habitat restoration measures to complete the current project
ixnprovements underway.
5. Efficiency (see-page 2 of applicarion instructions for definition) - describe how the project
wiil efficiently implement the natural resource improvement measures identified in
question No. 2 above. Consider the following in your answer to this question: How zuili the
proposed program/service/intervention engage in conjunction zvith related efforts? Hozu dces your
strategy best leverage resources?
The proposed acquisition will expand the Fenster project that already is underway and
connects it to addikional publicly-owned properties downstream. Acquisition of the Smith
parcel was envisioned during the planning of the Fenster project given the parcel's critical
locaHon. In completing the configuration of this riparian corridor, this acquisition will allow
for the efficient setback of the levee throughout the entire reach and, therefore provide for
efficient restoration of riparian corridor in connection with the levee setback initiative. Since
there is no substitute for acquiring this parcel between two publicly-owned areas, efficiency is
only attained through obtaining the parcel at fair market cost. The additional riparian
restoration actions made possible by this purchase will supplement and complement actions
already underway at adjacent sites, which are sponsored and funded by several cooperating
entities, all coordinated through COA ownership of the parcels involved.
6. Equity (see page 2 of application instructions for definition) - describe how the project will
equitably implement the natural resource improvement measures identified in question No.
2 above. Consider the following in your answer to this question: In zvhat part of the District
zuill the proposed program,/service/intervention occur? Who is the target audience and what
demographic section of the community 7vill6e affected?
The project is situated in the southeast part of the City of Auburn, in the Green/Duwamish
drainage basin and within the WRIA 9 watershed. The property will be acquired at fair market
value from a willing seller. Following future restoration phases, the community will benefit
from a new trail, enhanced natural areas and open space, and enhanced flood protection.
Indian tribes and non-tribal fishery interests will potentially benefit by increases in catch due to
increased productivity facilitated by restoration of aquatic habitat.
Resources for the project acquisition will be leveraged through matching funds from the
Conservation Futures #und. Future phases of restoration construction will be funded through
future SRFB funding, Flood Control Zone District, and COA funds.
Member.lin•isdiction K bVRlA Fc>rum Cirant Application Packet • November 13.2007 • f'a;,~e 10 ol' 10
7. Evaluatian of Intended Results - describe the evaluation mechanisms you will use to track,
- - - - - - ---document,-and-report that-the-pr.oject has.achieved the intended results describe_d in _
questions 1- 3.
Once the p.urchase of the property is completed, the expanded project, currently in design, will
be permitted, and constructed. The project will be monitored and evaluated over a period of
five years following completion of construction. Yearly reports will be generated to evaluate if
habitat measures remain intact, as indicated by the condition of large wood placed along the
channel margins, to determine the condition of spawning areas that resulted from construction- .
initiated changes to channel dynamics following project completion.
8. Project Budget & Expenses
Budget Item KCD Funds KCD Funds Other Funds Total
WRIA 9 City of Conservation
Forum- Auburn- Futures Fund
, requested requested (recommended by
CFT citizen panel
to King County
Council
Salaries and Benefits
Travel/Meals/Milea e
Office/Field Su lies
Contracted/ Professional
Services
Land Ac uisition $23,000 $107,000 $130,000 $260,000
Permits
Ottier (specify)
Other s ecif .
Other s ecif
TOTAL $23,000 $107,000 $130,000 $260,000
9. KCD Acknowledgement - describe how the KCD will be acknowledged as a source of
funding for the proposed program/ service/ intervention (see page 3 of application
instructions for requirements).
KCD will be acknowledged as a source of funding by signage placed on the property after
purchase and during construction, by publishing in the Auburn Reporter (a community
newspaper), in press releases, on local radio, and on the City web page devoted to this project.
~ .c,..._
Authorized Signature Date
' Mcmber.lurisdiction R 4VRIA I'urum (irant Application Paci:et • ivavembcr 13, 2(.)07 • Pa;,~c I 1 of 10
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